Loading...
HomeMy WebLinkAbout03-5135Joh, nson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 Attorneys for Plaintiff ALICE F. CLAIR, Plaintiff JOSHUA D. GUISE and ALICIA F. GUISE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW In CustodyNisitation COMPLAINT FOR GRANDPARENT VISITATION PURSUANT TO 23 Pa.C.S.A. §5312 AND NOW, this 23rd day of September 2003, comes Plaintiff, ALICE F. CLAIR, by and through her undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and file this Complaint for Grandparent Visitation pursuant to Pa.C.S.A. §5312, and in support thereof avers as follows: 1. Plaintiff is Alice F. Clair (hereinafter "Grandmother"), an adult individual, who resides at 2 S. St. John's Road, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. Defendant Joshua D. Guise (hereinafter "Father"), an adult individual, resides at 6 Donald Avenue, Middletown, Dauphin County, Pennsylvania 17057. 3. Defendant Alicia F. Guise (hereinafter "Mother"), an adult individual, resides at 602 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. Grandmother is the natural parent of Mother, who is the natural mother of the minor child, Jordan Guise, born November 13, 2000. 5. Grandmother seeks visitation and/or partial custody of the following child: Jordan Guise, who currently resides at 602 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 7. 8. 9. Grandmother is the maternal grandmother of the subject minor child. Mother and Father are the natural parents of the subject minor child. The minor child was born while the parties were married. Since the child's birth, Grandmother has been unable to visit with or meet her grandchild, and wishes to establish a relationship with the subject minor child. 10. Due to the fact that there has been a lack of communication between Grandmother and Mother, Grandmother is not certain as to where the minor child has resided during the first two (2) years and nine (9) months of her life. To the best of Grandmother's knowledge, the minor child has resided with the following persons at the following addresses: Persons 1. Alicia F. Guise 2. Alicia F. Guise 3. Alicia F. Guise 4. Alicia F. Guise Address 602 Louisa Lane Mechanicsburg, PA 17050 1398 County Road 972 Cullman, AL 35057 115 Hillside Road Mechanicsburg, PA 17055 775 Hamilton Court Carlisle, PA 17013 Duration - Present May 2001 - 11, The relationship of Grandmother to the subject minor child is that of maternal grandmother. Grandmother currently resides with the following persons: NONE. 12. Mother currently resides with the following persons: the minor child. 13. Father currently resides with the following persons: unknown. 14. The Defendants have participated as parties or witnesses in other litigation concerning the custody of this child in this Court. The Court term and number is: Joshua D. Guise v, Alicia F, Guise, Court of Common Pleas of Cumberland County, Docket No. 2001-5273 Civil - Custody. 15. Father filed a Complaint on September 7, 2001, for custody of the minor child. On January 15, 2002, this Honorable Court entered an Order granting Defendant Mother's Preliminary Objections with respect to jurisdiction with the understanding that the matter would proceed in the Courts of Cullman County, Alabama. 16. Grandmother is uncertain as to whether any further proceedings were initiated in Cullman County, Alabama, with respect to the subject minor child. 17. Plaintiff does not have information of any custody proceeding concerning the minor child pending in any Court of this Commonwealth. Plaintiffs do not know of a person who is not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Establishing and continuing a relationship with the child's maternal grandmother will have a positive impact on the minor child. b. Grandmother is able to provide moral, emotional, and religious guidance to the minor child which would have a positive influence on the child's upbringing. c. The relationship between a child and a grandparent is an important relationship and one which should be cultivated and nurtured as the child continues to grow. 21. Each parent whose parental rights to the minor child have not been terminated, and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Coud grant her visitation/padial custody of the minor child, Jordan Guise. :216484 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER By: Mark C. Duffle\ Attorney I.D. No~'5906 Attorneys for PlatriU.ff_ VERIFICATION I, ALICE F. CLAIR, verify that the statements made in this Complaint for Grandparent Visitation are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. ,~4904, relating to unsworn falsification to authorities. A/ice F. Clair 0 ALICE F. CLAIR PLAINTIFF JOSHUA D. GUISE AND ALICIA F. GUISE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-5135 CIVIL, ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 01, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ~, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 05, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By:. /s/ .IacqueHne M. Verney. Esq, ~ Custody Conciliator 2the Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VlNYA'IASNN]d ALICE F. CLAIR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-5135 CIVIL TERM JOSHUA D. GUISE and ALICIA : CIVIL ACTION - LAW F. GUISE, : Defendants : IN CUSTODY ORDER OF COURT · · f AND NOW, this //,, day o ~o ~ ,2004, upon consideration of the attached Custody Conciliation Rep6rt, it is ordered and directed as follows: ~It appearing that jurisdiction of this matter is properly in the State of Alabama, PlaintiW s complaint in Custody is hereby dismissed. BY THE COURT, c :~_ ark C. Duff}e, Esquire, Counsel for Grand othe V/Joshua D. Guise, pro se /' 6 Donald Avenue Middletown, PA 17057 th tY~ l~x~. ~licia F. Guise q 1171 County Road 1196 Cullman, AL 35057 o t - 'xo -o q ALICE F. CLAIR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : 2003-5135 CIVIL TERM : JOSHUA D. GUISE and ALICIA : CIVIL ACTION - LAW F. GUISE, : Defendants : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCll,IATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Jordan Guise November 13, 2000 Mother 2. A Conciliation Conference was held in this matter on January 13, 2004, with the following individuals in attendance: The Grandmother, Alice F. Clair, with her counsel, Mark C. Duffle, Esquire and Father, Joshua D. Guise, pro se. Mother did not appear. 3. Father informed the Conciliator that the Child has lived in Alabama with mother for more than one year. He also advised that the Honorable Kevin A. Hess entered an Order at docket No. 2001-5273 Civil Term caplioned Joshua D. Guise v. Alicia F. Guise, finding that jurisdiction over the Child should be in Alabama. Father also indicated that a custody order is in effect in Alabama. In light of the above, it appears that jurisdiction for this matter lies in Alabama. 4. It is recommended that an Order in the form as attached should be entered. Date jacq~eline M. vemey, Esquire Custody Conciliator